A wife’s hardship and lack of means justify transferring matrimonial proceedings to her district.

The petitioner-wife sought transfer under Section 24 of the Code of Civil Procedure, 1908, of C.P. No. 120 of 2024 from the Family Court, Rourkela, to the Family Court, Kandhamal at Phulbani. She stated that she had no income, was living with her elderly and ill mother at G. Udayagiri, and lacked a male family member to accompany her on the approximately 250-kilometre journey to Rourkela. A maintenance proceeding between the parties was already pending at G. Udayagiri.

The husband opposed transfer orally, citing his lack of income and the difficulty of travelling to Phulbani, but requested permission to appear virtually. He also stated that the parties had informally resolved their matrimonial dispute and might seek mutual divorce.

Whether C.P. No. 120 of 2024 should be transferred from the Family Court, Rourkela, to the Family Court, Kandhamal at Phulbani, in light of the wife’s circumstances and the husband’s objection.

Whether the husband could be permitted to appear virtually at the transferee court, subject to the court’s directions.

Section 24 of the Code of Civil Procedure, 1908, empowers the High Court to transfer proceedings between competent courts. In exercising that power, the Court considered the parties’ respective circumstances and the practical hardship of attending proceedings.

The Court also referred to the “High Court of Orissa and District Courts Use of Electronic Communication and Audio-Video Electronic Means Rules, 2025” as the framework for facilitating virtual appearances.

The Court weighed the wife’s lack of income, residence with her elderly and ill mother, lack of an accompanying male family member, and the distance to Rourkela against the husband’s stated financial and travel difficulties. It concluded that the circumstances supported transfer to Phulbani, while addressing the husband’s hardship by permitting virtual appearance with the transferee court’s permission.

It preserved the court’s ability to require physical attendance for effective hearings, including witness examination and cross-examination.

The husband may seek permission to appear virtually, but must attend physically when ordered for effective hearings. The parties were directed to cooperate and avoid unnecessary adjournments, and the interim order was vacated.